Amd §§182.20 & 182.30, CP L; amd §2, Chap 689 of 1993
Authorizes electronic court appearances for criminal matters, excluding jury trials, in all counties in the state; authorizes electronic appearances for criminal matters where the court determines a personal appearance would be impractical, unsafe or excessively burdensome; authorizes sentencing to a period of incarceration to be conducted via electronic appearance for defendants who are already incarcerated.
STATE OF NEW YORK
________________________________________________________________________
2033
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sens. STEC, BORRELLO, MATTERA, OBERACKER, ORTT, PALUMBO,
TEDISCO -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
certain electronic court appearances; and to amend chapter 689 of the
laws of 1993, amending the criminal procedure law relating to elec-
tronic court appearance in certain counties, in relation to the effec-
tiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 182.20 of the criminal procedure
2 law, as separately amended by chapters 242, 246, 252, 254, 321 and 351
3 of the laws of 2022, is amended and a new subdivision 5 is added to read
4 as follows:
5 1. Notwithstanding any other provision of law and except as provided
6 in section 182.30 of this article, the court, in its discretion, may
7 dispense with the personal appearance of the defendant, except an
8 appearance at a [hearing or] jury trial, and conduct an electronic
9 appearance in connection with a criminal action pending in [Albany,
10 Bronx, Broome, Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontar-
11 io, Orange, Putnam, Queens, Richmond, Rockland, Saratoga, St. Lawrence,
12 Seneca, Steuben, Tompkins, Chautauqua, Cattaraugus, Clinton, Essex,
13 Montgomery, Rensselaer, Sullivan, Warren, Westchester, Suffolk, Herkim-
14 er, Franklin, Chemung, Schuyler, or Yates] any county within the state,
15 provided that the chief administrator of the courts has authorized the
16 use of electronic appearance and the defendant, after consultation with
17 counsel, consents on the record. Such consent shall be required at the
18 commencement of each electronic appearance to such electronic appear-
19 ance.
20 5. Where the court determines on its own motion, or on the motion of
21 any party, that the personal appearance by any party, including the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06129-01-3
S. 2033 2
1 defendant, would be impractical, unsafe or excessively burdensome, the
2 court may conduct virtual appearances without the consent of the
3 parties. The provisions of this subdivision shall not apply for hear-
4 ings or trials.
5 § 2. Section 182.30 of the criminal procedure law, as added by chapter
6 689 of the laws of 1993, is amended to read as follows:
7 § 182.30 Electronic appearance; conditions and limitations.
8 The following conditions and limitations apply to all electronic
9 appearances:
10 1. [The defendant may not enter a plea of guilty to, or be sentenced
11 upon a conviction of, a felony] The defendant may not be sentenced to a
12 period of incarceration, unless such defendant is already incarcerated
13 in a county correctional facility or a correctional facility operated by
14 the department of corrections and community supervision.
15 2. The defendant may not enter a plea of not responsible by reason of
16 mental disease or defect.
17 3. The defendant may not be committed to the state department of
18 mental hygiene pursuant to article seven hundred thirty of this chapter.
19 [4. The defendant may not enter a plea of guilty to a misdemeanor
20 conditioned upon a promise of incarceration unless such incarceration
21 will be imposed only in the event that the defendant fails to comply
22 with a term or condition imposed under the original sentence.
23 5. A defendant who has been convicted of a misdemeanor may not be
24 sentenced to a period of incarceration which exceeds the time the
25 defendant has already served when sentence is imposed.]
26 § 3. Section 2 of chapter 689 of the laws of 1993, amending the crimi-
27 nal procedure law relating to electronic court appearance in certain
28 counties, as amended by section 20 of part A of chapter 55 of the laws
29 of 2021, is amended to read as follows:
30 § 2. This act shall take effect immediately, except that the
31 provisions of this act shall be deemed to have been in full force and
32 effect since July 1, 1992 and the provisions of this act shall expire
33 September 1, [2023] 2026 when upon such date the provisions of this act
34 shall be deemed repealed.
35 § 4. This act shall take effect immediately; provided, however, that
36 the amendments to section 182.20 of the criminal procedure law made by
37 section one of this act and the amendments to section 182.30 of the
38 criminal procedure law made by section two of this act shall not affect
39 the repeal of such sections and shall be deemed repealed therewith.
